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polity > Emergency Provision > Flashcards

Emergency Provision Flashcards

1
Q

Part and Articles related to emergency

A

Part - XVIII and Article - 352-360

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2
Q

Different types of emergencies mentioned in the constitution?

A

Article 352 - proclamation of emergency on the ground of war, external aggression and armed rebellion (aka national emergency however the word national emergency is not mentioned in the constitution?

356 - emergency due to failure of constitutional machinery in states( aka president rule)

Article 360 - Financial emergency due to threat to financial stability or credit of India

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3
Q

What is the main feature of the emergency?

A

It converts the federal structure into a unitary one without a formal amendment to the constitution

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4
Q

The concept of emergency is borrowed from?

A

GOI Act,1935
Suspension of rights during emergency ➡️ weimer constitution

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5
Q

Why do we need such emergency provision?

A

•to safeguard the sovereignty,unity and integrity, security of the nation
•to safeguard the democratic political system and the constitution

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6
Q

Who declares the national emergency?

A

President?

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7
Q

National emergency is declared on what grounds?

A

On the grounds of war, external aggression and armed rebellion

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8
Q

Under what circumstances the national emergency can be declared?

A

President can declare even before the occurrence if he is satisfied that there us an eminent danger
38th CAA ➡️ can issue different proclamation on the different mentioned grounds whether or not there is a proclamation already issued by him

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9
Q

National emergency applies to?

A

42nd CAA ➡️ proclamation of NE maybe applicable to the entire country or part if it

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10
Q

Why internal disturbance was replaced by armed rebellion and through which amendment?

A

44th CAA ➡️ internal disturbance replaced by armed rebellion
Why:
Too vague
Multiple connotations and interpretation
Susceptible to misuse
Armed rebellion has more precise meaning to it

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11
Q

What is the role if cabinet in the proclamation of emergency? - before/now

A

Original constitution ➡️ no mention about cabinet ➡️ president could proclaim emergency on the oral advice tendered by the PM only( as happened in 1975)
44th CAA➡️ made it compulsory for the written recommendation from the cabinet(pm + ministers of cabinet rank)for proclamation of emergency

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12
Q

Types of National emergency?

A

The types are not mentioned as it is in the constitution
External emergency ➡️ declared on grounds of war and external aggression
Interna emergency ➡️ declared in armed rebellion

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13
Q

Provision related to parliamentary approval of proclamation of emergency and what majority

A

Originally - within 2 months if proclamation that too with simple majority
44th CAA - approval by both the houses within 1 month that too with special majority

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14
Q

What is the duration of National emergency?

A

Originally ➡️ once approved by parliament, emergency could remain in force as long as executive desired
44th CAA➡️ can be extended indefinitely but with an approval of parliament every 6 months ( if LS is dissolved before the approval of proclamation then RS needs to approve it within 1 month and should be ratified by new LS within 1 month after first sitting)

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15
Q

How the national emergency can be revoked?

A

There are 2 ways in which emergency can be revoked:
1. Can be revoked by president by subsequent proclamation at anytime during its continuance ➡️ does not need the approval of parliament
2. 44th CAA ➡️ Added that president must revoke the emergency if LS passes a resolution approving its discontinuance by simple majority ( earlier LS had no say in the revocation) ➡️ such session however can be arranged only after 1/10th of LS members give written notice to speaker or president ( if the LS is not in session) then a special session must he held within 14 days to consider such resolution

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16
Q

How many times has NE been imposed?

A

External ➡️ 1962(indo- china war), 1971(indo-pak war)
Internal ➡️ 1975

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17
Q

What are the effects of National emergency?

A
  1. Effect on C-S relation ➡️ ELF
  2. Effect on life if LS and state assembly
  3. Effect on fundamental rights
18
Q

Effect of NE on centre state relation ➡️ Executive /administrative

A

•Executive power of the centre extends to directing ANY state regarding any matter it feels necessary ( even outside the conventional domain)
•normally, the president has the power to give direction on certain matters only like maintenance of communication lines, protection of railway etc
•states are brought under complete control of centre

19
Q

Effect of NE on centre state relation ➡️ legislative

A

•during NE, parliament can legislate on state list ( it cannot authorise any other authority to do so, can only do it itself)➡️president can issue ordinance on state list if parliament is not in session
•state legislature are not suspended however parliament acquires the overriding powers➡️such laws by parliament on state list become inoperative after the revocation of emergency
•42nd CAA ➡️ the legislative and Executive function extends to not only a state where emergency is in operation but also to any other state

20
Q

Effect of NE on centre state relation ➡️ financial

A

•president can modify (reduce/cancel) the constitutional distribution of revenues between C-S➡️such modification continues till the end of financial year in which emergency ceases to operate
•every such order must be laid before both the houses

21
Q

What is the effect on life of LS and state legislative assembly?

A
  1. The life of LS/SLA may be extended by parliamentary law for one year at a time for any number of times
  2. This extension cannot continue beyond 6 months after the emergency has ceased to operate
22
Q

What is the effect of National emergency on FR - Article 358 Vs 359

A

Read from notebook

23
Q

President rule/ state emergency - related articles

A

Article 356 - President to proclaim, if he’s satisfied, with or without governor’s report that the state government cannot be carried on in accordance with the provision of the constitution.

24
Q

Grounds of the declaration of president rule?

A

Three grounds mentioned in the constitution:
1. Article 355➡️ it is the duty of union to protect every state against external aggression and internal disturbance was to ensure that government is being carried out as per the provision of the constitution
2. Article 356
3. Article 365 - If a state fails to comply with any direction given by the union then it shall be lawful for the president to consider that state is not being carried out as per the provision of the constitution

25
Q

Provision of parliamentary approval for president rule

A

Must be approved by both the houses within 2 months

26
Q

Majority required for approval of PR

A

simple majority in both houses

27
Q

Duration of the president rule

A

6 months, however can be extended for maximum period of 3 years with parliamentary approval every 6 months

44th CAA ➡️ Beyond 1 year, the president rule can be extended by 6 months at a time only if the following conditions are met:
1. NE is in operation in whole India or any part of that state
2. If ECI certifies that election cannot be held due to difficulties

28
Q

Judicial review - related provision and grounds

A

Grounds - Malafide or is based on wholly extraneous or irrelevant grounds ( these are not mentioned in the constitution)

38th CAA ➡️ president satisfaction under 356 made immune from judicial review
44th CAA ➡️ above provision was deleted

29
Q

Revocation process of president rule

A

Can be revoked by president at anytime by subsequent proclamation and does not need parliamentary approval

No Provision of special Meeting by parliament to revoke president rule

30
Q

Effects of president rule on

A

ELF Life of LA FR and judiciary

31
Q

Effect of president rule on executive of state

A

•the COM of state is dismissed and executive powers of state are excercised by president ( on the behalf of union COM)
•he can declare that the ways in which Powers of state legislature are to exercised by parliament
•he can taie necessary steps including the suspension of constitutional provisions relating to any body or authority in state
•he can dismiss the CON. headed hy CM
•state administration is carried out by the governor with the help if chief secretary on president’s behalf or someone appointed by him

32
Q

Effect of president rule on state legislature

A

•SLA may be suspended or dissolved by the president but Com is always dismissed
•assembly is incapable of making law for the state
•parliament makes law for state and passes its budget and such laws made by the parliament remain in force until repealed by the SLA
•the parliament during the president rule legislates on the state list or president legislates in consultation with the MPs of that state(these acts are called presidential acts)➡️ consultation is conventional and not mentioned in the constitution
•When the SLA of the state is dissolved it is often reported as under “suspended animation”(untio president rule is approved by the parliament) because the assembly is in existence and MLA’s retain their membership however they can’t function as legislators
•once dissolved ➡️ membership dissolved ➡️ fresh election

33
Q

Effect of president rule on life if legislative assembly

A

Article 356 doesn’t expressely speak of dissolution of LA➡️it is open to president to dissolve LA➡️ such power can be excercised only after both the houses of parliament approve the proclamation

34
Q

Effect if President rule on judiciary,FR and finances

A

No effect

35
Q

Article 356 vs Judicial review: related judgements

A
36
Q

Case of proper and improper imposition of president rule

A
37
Q

Financial emergency: article and grounds

A

Article 360 - president to proclaim FE if he is satisfied that situation arises whereby yhe financial stability or credit of India or of any part of its territory is threatened

38
Q

Parliamentary approval of financial emergency

A

Approval by both the houses within 2 months

39
Q

Majority required for financial emergency

A

Simple

40
Q

Duration

A

Once approved,the emergency continues indefinitely until revoked ( no periodic approval required)

41
Q

Judicial review of financial emergency

A

38th CAA ➡️ satisfaction of president is immune
44th CAA ➡️ Above provision deleted

42
Q

What are the effects of financial emergency?

A

•president can direct
1. the reduction of salaries and allowances of all or any class of person serving the state or union and judges of HC and SC
2. reservation of all money or other financial bills for the consideration of president after they are passed by state legislature
•the centre can direct the states to observe canons of financial propriety ➡️can ask the state to observe financial discipline
•revenue distribution between C-S can also be changed and will continue till Financial year

polity (17 decks)

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